Filing a Lawsuit in Mohave County, Arizona
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If you're contemplating filing a lawsuit, there are several things you need to consider, and it is not a decision to be made lightly. You should not file a lawsuit without seeking the advice of a Mohave County, Arizona civil litigation attorney first.
When you retain a civil litigation lawyer in Mohave County, Arizona, they'll be able to give you some extremely useful advice, especially in devising a strategy that maximizes your chances of winning your lawsuit. You'll probably also wonder how much this lawsuit is going to cost you, especially if you don't win. This largely depends on the attorney's fee structure. If the attorney charges an hourly rate, you will simply have to pay the lawyer for every hour they work. This can add up to a huge amount of money, very rapidly. If they charge on a contingency basis, you do not have to pay any attorney's fees unless you win, and payment comes in the form of the percentage of the judgment. However, if you lose, you might still be responsible for costs, such as court fees, which are incurred no matter what happens to the case.
Steps for Filing a Lawsuit in Mohave County, Arizona
Consultation with your attorney: You should always speak with a Mohave County, Arizona lawyer who specializes in civil litigation before filing any type of lawsuit in a court in Mohave County, Arizona. Your lawyer will have essential information and advise, helping you decide whether or not your chances of success in the lawsuit make it worth your while to proceed.
Drafting a Complaint: Once you have decided to go through with filing a lawsuit in a Mohave County, Arizona court, you need to draft a complaint, with the help of your lawyer. A complaint is usually the initial step in actually filing a lawsuit. The complaint is the plaintiff's first opportunity to lay out the allegations against the defendant. If a complaint doesn't allege facts that add up to a legitimate lawsuit (that is, even if everything alleged in the complaint is true, the defendant has still not committed a legal wrong that the court can compensate), the case will have to be dismissed. When a case is dismissed for this reason, the court usually gives the plaintiff a chance to re-submit the complaint, with the errors corrected.
Serving the Defendant: When you have determined that you want to file a lawsuit in Mohave County, Arizona, and have drafted the complaint, your next important step is to file the complaint with the court, and serve it on the defendant. The defendant must be given at least several weeks' notice that they're being sued, and as much time to review the complaint. This is a matter of general fairness and due process, and allows the defendant to hire a lawyer and get to work on a defense. The law requires that the defendant be served in a few specific ways. The initial choice is to give it to them in person. This has to be done by a person who does not have any direct involvement in the lawsuit. If that isn't possible, the defendant can be served by giving the complaint to another adult member of their household; this is called substituted service.
Await Defendant's Response: When you have served the defendant with the complaint in Mohave County, Arizona, the defendant has time to respond. The most common response is known as an "answer," in which they particularly address the factual allegations you've made against them, usually by denying most of the allegations. They might also move to dismiss the case if they can argue that the complaint is legally flawed. A judge then has to rule on this motion. If the defendant doesn't respond within a certain period of time, they are said to have "defaulted." This allows the court to enter a default judgment, in which the plaintiff essentially automatically wins the lawsuit. Once this happens, the defendant, if they're ever located, can be served with the judgment, and will have very little power to challenge the merits of your case.
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The basic outline above does not come close to covering all the specifics involved in filing a lawsuit in Mohave County, Arizona.
Thus, if you want to file a lawsuit against someone in Mohave County, Arizona, you should not delay to talk with an attorney, who will be able to advise you on the best way to proceed.